scholarly journals CRIMES HEDIONDOS: ANÁLISE PROPEDÊUTICA E PROGRESSÃO ESPECIAL DE REGIME INSTITUÍDA PELA LEI 13.769/18

2021 ◽  
Vol 5 (1) ◽  
pp. 12-19
Author(s):  
Fabiana Vergílio Souto

The present study aimed to define proposed concepts about heinous crimes, with the minimum right allowed by Law 13.964/19 and to demonstrate how the special progression rules of the regime, applicable by Law 13.769/18, include other changes, including §§ 3 and 4 to article 112 of Law 7.210 /84 (Criminal Execution Law).The hypothetical-deductive method, by means of bibliographic research, enables the study, qualitatively, presents basic considerations about the heinous crimes and the new normsapplicable to the progression of regime exceptionally in the case of pregnant women or that is mother or responsible for children or disabled people, despite the supervenience of Law 13.964/19, which established stricter guidelines on regime progression.Aspiring with legislative innovations such as using, an operation of Criminal Law as an instrument of social protection, for the benefit of human dignity, established axiological conjuncture, outlined by the prescription of a sentence that has the greatest possible use, fulfilling as retributive purposes, preventive and resocialization at the cost of the least possible suffering to be executed.

2020 ◽  
Vol 32 (5) ◽  
pp. 264-271
Author(s):  
Rachel E. López

The elderly prison population continues to rise along with higher rates of dementia behind bars. To maintain the detention of this elderly population, federal and state prisons are creating long-term care units, which in turn carry a heavy financial burden. Prisons are thus gearing up to become nursing homes, but without the proper trained staff and adequate financial support. The costs both to taxpayers and to human dignity are only now becoming clear. This article squarely addresses the second dimension of this carceral practice, that is the cost to human dignity. Namely, it sets out why indefinitely incarcerating someone with dementia or other neurocognitive disorders violates the Eighth Amendment of the United States Constitution’s prohibition on cruel and unusual punishment. This conclusion derives from the confluence of two lines of U.S. Supreme Court precedent. First, in Madison v. Alabama, the Court recently held that executing someone (in Madison’s case someone with dementia) who cannot rationally understand their sentence amounts to cruel and unusual punishment. Second, in line with Miller v. Alabama, which puts life without parole (LWOP) sentences in the same class as death sentences due to their irrevocability, this holding should be extended to LWOP sentences. Put another way, this article explains why being condemned to life is equivalent to death for someone whose neurodegenerative disease is so severe that they cannot rationally understand their punishment.


Author(s):  
Vitaly Lobas ◽  
◽  
Elena Petryaeva ◽  

The article deals with modern mechanisms for managing social protection of the population by the state and the private sector. From the point of view of forms of state regulation of the sphere of social protection, system indicators usually include the state and dynamics of growth in the standard of living of the population, material goods, services and social guarantees for the poorly provided segments of the population. The main indicator among the above is the state of the consumer market, as one of the main factors in the development of the state. Priority areas of public administration with the use of various forms of social security have been identified. It should be emphasized that, despite the legislative conflicts that exist today in Ukraine, mandatory indexation of the cost of living is established, which is associated with inflation. Various scientists note that although the definition of the cost of living index has a well-established methodology, there are quite a lot of regional features in the structure of consumption. All this is due to restrictions that are included in the consumer basket of goods and different levels of socio-economic development of regions. The analysis of the establishment and periodic review of the minimum consumer budgets of the subsistence minimum and wages of the working population and the need to form state insurance funds for unforeseen circumstances is carried out. Considering in this context the levers of state management of social guarantees of the population, we drew attention to the crisis periods that are associated with the market transformation of the regional economy. In these conditions, there is a need to develop and implement new mechanisms and clusters in the system of socio-economic relations. The components of the mechanisms ofstate regulation ofsocial guarantees of the population are proposed. The deepening of market relations in the process of reforming the system of social protection of the population should be aimed at social well-being.


Trials ◽  
2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Zachary Kwena ◽  
Liza Kimbo ◽  
Lynae A. Darbes ◽  
Abigail M. Hatcher ◽  
Anna Helova ◽  
...  

Abstract Background HIV-related maternal deaths and HIV infection among infants remain unacceptably high across sub-Saharan Africa despite increased antenatal care attendance and provision of antiretroviral therapy to pregnant women. In the Jamii Bora (“Better Family” in Swahili) Study, we seek to test the efficacy of an interdependence theory-based couple intervention. The intervention reaches pregnant women and male partners through home visits by male-female pairs of lay health workers. The aim is to increase access to home-based couples’ HIV testing and counseling services to improve family health. Methods This is a three-arm randomized control trial among 1080 pregnant women 15 years of age or older, living with their male partners, and who have not undergone couples’ HIV testing and counseling in Kisumu and Migori Counties in Kenya. Couples will be randomized into three groups: home-based couple visits, HIV self-testing kits for couple use, or standard care (male partner clinic invitation letters). Participants will be followed up to 18 months postpartum. The study has three aims: in aim 1, we will determine the effects of the intervention on our primary outcome of couple HIV testing, compared to HIV self-testing kits and standard care; in aim 2, we will examine the intervention impact on HIV prevention behaviors, facility delivery, and postnatal healthcare utilization, as well as secondary health outcomes of maternal viral suppression and HIV-free child survival up to 18 months for couples living with HIV; and in aim 3, we will compare the cost-effectiveness of the home-based couple intervention to the less resource-intensive strategies used in the other two study arms. Assessments with couples are conducted at baseline, late pregnancy, and at months 3, 6, 12, and 18 after birth. Discussion The results from this study will inform decision-makers about the cost-effective strategies to engage pregnant couples in the prevention of mother-to-child transmission and family health, with important downstream benefits for maternal, paternal, and infant health. Trial registration ClinicalTrials.gov NCT03547739. Registered on May 9, 2018


2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 852-857
Author(s):  
Clarissa Manzano Dos Santos Falconi

The present study deals with the impacts of the Labor Reform in the hours "in itinere" for the rural worker, with the objective of demonstrating the lack of representativeness of these workers in the legislative process and their hypersufficiency before employers and State, resulting in the analysis of the profiles of the congressmen of the ruralist groups and their party interests and the rural worker, using as an inductive and hypothetical-deductive method and concluding by the discrepancy between the interests of the workers and the political class, making at least a representation that seeks the protection of human dignity and the guiding principle in the design of projects for the category.


2017 ◽  
Vol 6 (2) ◽  
pp. 173-177
Author(s):  
Aislu Sharipzyanovna Kabirova

The article deals with the problems of social adaptation of disabled veterans of the Great Patriotic War in the Tatar Autonomous Soviet Socialist Republic after their return to peaceful life. Based on the documentary materials extracted from the funds of the federal and Tatarstan archives The author characterizes forms of state support for war-maimed people, resolution of their production training and employment, appointment of pensions, opening of boarding houses, organization of health care services, etc. It is noted that for the majority of disabled people this targeted support was often a determining factor in ensuring their livelihoods. The employment of disabled veterans of the Patriotic War made it possible to solve a two-fold problem: in the conditions of an acute shortage of workers, a new personnel reserve was created for the economy and at the same time social protection of veterans returned after treatment in hospitals was provided. Many disabled veterans of the Great Patriotic War showed themselves well in the workplace, became leaders and were nominated for leadership positions. But there were those who led an immoral lifestyle, begging. The authorities, called to solve the issues of social rehabilitation of disabled people, did not always cope with the tasks assigned to them. Evidence of this is the facts of the soullessly-bureaucratic attitude of certain officials to the needs and requests of disabled people, cases of appropriation of funds and squandering of state funds.


2019 ◽  
Vol 1 (41) ◽  
Author(s):  
Dirceu Pereira Siqueira ◽  
Maria Luiza De Souza Rocha ◽  
Rodrigo Ichikawa Claro Silva

RESUMOPauta-se por reflexões circundantes a determinados princípios e valores que alicerçam ordenamentos pretensamente promovedores da pessoa humana como eixo vital de proteção e fomento, em consonância com a efetivação de direitos, em especial aqueles primordiais ao núcleo medular da personalidade e dignidade humana, na contraposição de aspectos e influências que derruem a legitimidade social de certas escolhas políticas eivadas de intenções particulares antagônicas ao melhor interesse público. Visa promover certa conscientização pela necessidade de (re)consideração de determinadas atuações político-sociais, notadamente no âmbito legislativo, para que sejam debelados obstáculos os quais se opõem ao reconhecimento e à real participação de cada pessoa na formação de elementos garantidores do livre desenvolvimento da personalidade e de uma vivência digna a todos. No que concerne ao aspecto metodológico desenvolve-se este trabalho, principalmente, pelo método dedutivo, através de pesquisa bibliográfica em escritos componentes do direito, rumo à formulação de considerações pretensamente conclusivas acerca da temática posta ao debate.PALAVRAS-CHAVEDireitos fundamentais. Pluralismo. Desenvolvimento da personalidade. Dignidade humana. ABSTRACTIt is guided by reflections surrounding certain principles and values that underpin laws that are supposed to promote the human person as a vital axis of protection and promotion, in line with the realization of rights, especially those primordial to the core core of personality and human dignity, in contrast of aspects and influences that overturn the social legitimacy of certain political choices and of private intentions antagonistic to the best public interest. It aims to promote a certain awareness of the need to (re) consider certain political and social actions, especially in the legislative sphere, so that obstacles are overcome, which oppose the recognition and real participation of each person in the formation of elements guaranteeing the free development of personality and a worthy experience to all. As far as the methodological aspect is concerned, this work is developed mainly by the deductive method, through bibliographical research in written components of the law, towards the formulation of supposedly conclusive considerations about the subject matter under debate.KEYWORDSFundamental rights. Pluralism. Personality development. Human dignity


2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Halimah Halimah ◽  
Sushanty Saleh ◽  
Pebrina Swissia

Female prisoners in these prisons become prisoners because they are entangled in various types of criminal law with various crimes committed by women such as due to many factors, leading to reasons for fulfilling the needs of those concerned. For this reason, there is a need for guidance for female prisoners as a form of self-empowerment to improve human resources in the form of life skills. Coaching skills provided by the Proposal Community Procurement team, namely training in the form of handicraft knitting. Knitted handicrafts that have been produced by inmates at the A Way Hui class II prisons include prayer hats, cellphone wallets, restleting wallets, and various kinds of brooches. Knitted products have a fairly high exclusivity value. These female prisoners are expected to succeed in making / producing creative and innovative knitted works seen from various aspects, namely aspects of material selection aspects, in addition the female prisoners are also given training to determine the cost of production and cost of goods sold from their knits.


2019 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
Oleg Stepanov ◽  
Denis Pechegin

In the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of $ 40 – $ 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from $ 0.5 to $ 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment. In Russia, the use of cryptocurrencies is not regulated by any rules, but there is no legislation prohibiting the circulation of cryptocurrencies as means of payment. At the same time, the draft bill “On digital nancial assets”, designed to regulate financial relations in the crypto sphere, completely excludes the issues of mining and circulation of existing crypto-currencies. However, new electronic entities carry certain risks associated with their turnover. In this regard, many States seek to develop mechanisms to ensure the security of actions in the new crypto sphere of legal relations before the direct legalization of cryptocurrencies and other modern electronic entities. The purpose of the article is to analyze the approaches related to the security of the crypto sphere in modern society by criminal law measures taking into account foreign experience.


2020 ◽  
pp. 12-23
Author(s):  
Y. A. Kulikova ◽  
A. V. Kornienko ◽  
G. V. Jukevich

The article deals with issues related to the problem of vocational rehabilitation of disabled people. The competence of the Russian Federation in the fi eld of rehabilitation of disabled persons in the person of its Federal authorities and management, subjects of the Russian Federation and local self-government bodies is specifi ed. The content of such concepts as "services for professional rehabilitation of disabled people" in accordance with the state standard GOST R 53873-2010 Rehabilitation of disabled people is disclosed. Professional rehabilitation services for the disabled; "professional rehabilitation program" and "options for professional rehabilitation". Despite the fact that professional rehabilitation and adaptation in the workplace is an integral part of the state policy in the fi eld of social protection of persons with disabilities, there are many unresolved problems and diffi culties in this area.


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